Fiona Marie‑Therese Donnelly v Australia and New Zealand Banking Group Limited

[2014] HCASL 230

FIONA MARIE‑THERESE DONNELLY

v

AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED & ANOR

[2014] HCASL 230
S126/2014

1. The applicant seeks special leave to appeal against orders of the Court of Appeal of the Supreme Court of New South Wales (McColl, Macfarlan and Leeming JJA) dismissing her appeal against orders of the Supreme Court (Stevenson J).  By those orders Stevenson J gave judgment for the first respondent bank against the applicant for possession of certain land and for a money sum.

2. The applicant alleged, unsuccessfully, both at trial and on appeal, that the second respondent had acted unconscionably in connection with the making of a loan agreement it had made with her.   The loan was secured by a mortgage over land in New South Wales.  Both the loan agreement and mortgage were later assigned by the second respondent to the bank, and the bank commenced proceedings against the applicant for possession of the land for her indebtedness under the loan agreement.

3. The loan was denominated in Hong Kong dollars but the second respondent could, and did, convert the currency of liability to Australian dollars.

4. The applicant seeks to argue that the Supreme Court of New South Wales had no jurisdiction to entertain the bank's claim.  That argument has no prospect of success.  She seeks also to renew her arguments about unconscionability and to make a number of other points said to show that arguments on which the bank relied are not enforceable against her.

5. The applicant shows no arguable reason to doubt the correctness of the conclusions reached by the Court of Appeal.  An appeal to this Court would, therefore, enjoy insufficient prospects of success to warrant a grant of special leave.

6. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

K.M. Hayne
10 December 2014 S.M. Crennan